PILOTS ORDINANCE, 1930

PILOTS ORDINANCE, 1930

No. 11 of 1930.

An Ordinanace to provice for and regulate the employment of pilots.
[3rd October, 1930.]

1. This Ordinance may be cited as the Pilots Ordinance,
1930.

2. In this Ordinance ' ship ' includes every description of
vessel used in navigation, over 60 tons net register, propelled by
machinery.

3.-(1) Subject to the provisions of this Ordinance, the
Harbour Master may license pilots for the waters of the Colony.

(2) Subject to the provisions of section 8, every pilot's
licence shall remain in force until the 31st day of December next
following the issue or renewal of the licence.

(3) The Harbour Master shall keep a register of the names
and addresses of pilots licensed under this Ordinance.

(4) Every licensed pilot shall furnish to the Harbour Master
an address within the Colony to which all communications may
be sent and shall forthwith notify the Harbour Master of any
change of stich address.

(5) No person shall be licensed as a pilot who is not a
British subject: Provided that this prohibition shall not apply
to any person who, immediately before the commencement of
this Ordinance, was the holder of a pilot's licence under the
Pilots Ordinance, 1904, or to any person who may be specially
exempted by the Governor in Council from the provisions of
this sub-section.

4. It shall be lawful for the Governor in Council to make
regulations for-

(a) the licensing and regulation of pilots

The regulations forinerly contained in the Schedule to this Ordinance
have been transferred to the corresponding volunic of the Regulations
of Hong Kong.
As amended hy Law Rev. Ord., 1939, Supp. Sched.





(b) prescribing the fees to be paid in respect of licences and
examinations required under this Ordinance, the remuneration
to be paid to examiners, and the amounts to be paid to licensed
pilots in respect of pilotage services (in this Ordinance referred
to as ' pilotage dues') and in respect of other matters

(c) any other purpose which the Governor in Council may
think desirable in connexion with the provision or regulation of
a pilotage service.

5.-(1) Every person applying for a licence, and should the
Harbour Master deem it necessary, every person applying for
the renewal of a licence, shall, before such licence or renewal
is granted, pass such examination as the Harbour Master shall
from time to time direct.

(2) The said examination shall be conducted by a board of
examiners appointed for that purpose by the Governor.

(3) All tests which may be required in such examination for
sight, or physical fitness sliall be conducted tinder the supervision
of a medical officer appointcd by the Director of Medical Services
who shall report to the Harbour Master whether in the opinion
of shall medical officer the sight and physical fitness of the
applicant are such as to justify the grant to him of a pilot's
licence.

6. All licensed pilots shall be required to pass an examina-
tion for sight and physical fitness whenever the Harbour Master
deems it necessary and at least once in every five years from the
date of the last such examination. Such examination shall be
conducted under the supervision of a medical officer appointed
by the Director of Medical Services who shall report to the
Harbour Master whether in the opinion of such medical officer
the sight and physical fitness of the pilot are such as to justify
the renewal of his pilot's licence. No licence shall be valid for
any pilot who fails to pass this examination.

7. The grant or renewal of a licence to a pilot by the
Harbour Master tinder the powers given by, this Ordinance shall
any liability on the Harbour Master for an loss or
not impose , damage occasioned by any act or default of the pilot.

As amended by Law Rev. Ord., 1939, Supp. Sched.





8.-(1) A pilot's licence shall be in the form provided for
the time being by the regulations made und6 this Ordinance.

(2) A licensed pilot shall produce his licence whenever so
required by the Harbour Master or any officer of the Harbour
Department not below the rank of boarding officer, and in case
his licence, is revoked or suspended shall forthwith deliver up
his licence to the Harbour Master.

(3) On the death of a licensed pilot any person into whose
hands his licence may conic shall forthwith transmit it to the
Harbour Alaster.

9. The Harbour Master may suspend or revoke any pilot's
licence if it appears to him, after giving the holder thereof an
opportunity of being beard, tliat such pilot has been guilty of
any contravention of this Ordinance or of any regulation made
thereurder or that he has been guilty of any misconduct affecting
his capability as a pilot or that he has failed in or neglected his
duty as a pilot or that he has become incompetent to act as a
pilot, and a licence if so revoked shall cease to have effect and
if so suspended shall cease to have effect for the period for which
it was suspended.

10.--(1) An appeal from any act done or decision given by
the Harbour Master or any authority tinder this Ordinance or
tinder any of the regulations made thereunder, other than the
decision, sentence, order or judgment of a court of law, shall
unless otherwise provided for lie to the Governor in Council,
whose decision shall be final.

(2) Such appeal shall be by way of petition and such
petition shall, unless the Governor in Council extends the time,
he presented not later than fourteen days after such act or
decision has been communicated to the person affected.

(3) (a) If the person affected be a licensed pilot such
communication may be by letter sent by registered post to the
person affected at the address given in the register of licensed
pilots kept by the Harbour Master.

(b) If the person affected be not a licensed pilot such
communication may be by letter sent by registered post
addressed to such person at his last known place of residence.

As amended by Law Rev. Ord., 19M, Supp. Sched.





(4) For the purposes of this Ordinance, if the communica-
tion be sent by registered post the act or decision aforesaid
shall be deemed to be communicated to the person affected at
the time of registration of the said letter.

11-(1) No person other than the master or a seaman
being bond fide one of the crew of the ship who is not licensed
as a pilot under this Ordinance shall pilot or attempt to pilot
any ship within the waters of the Colony.

(2) The master of a ship shall not knowingly employ.an
unlicensed pilot to pilot the ship within the waters of the
Colony.

12. If while a ship is under way any person, other than Ilie
master or a seaman being bond fide one of the crew of the ship,
is on the bridge of a ship or in any other position (whether on
board the ship or elsewhere) from which the ship is navigated,
that person shall for the purposes of this Ordinance be deemed
to be piloting the ship unless the contrary is proved.

13.-(1) The Harbour Master shall cause every pilot
ficensed by him to be furnished with a copy of this Ordinance
as amended for the time being and with a copy of any regula-
tions made thereunder for the time being in force.

A licensed pilot shall produce any copy so furnished to
him to the master of any ship or other person employing him
when required to do so.

14.-(1) No master of a ship shall except under circum-
stances of unavoidable necessity take a licensed pilot without
his consent beyond the waters of the Colony, or beyond the
point to which he has been engaged to pilot the ship.

(2) When a licensed pilot is taken beyond the waters of
the Colony or beyond the point tip to which he has been
engaged to pilot the ship, either without his consent or under
circumstances of unavoidable necessity, he shall be entitled over
and above his pilotage dues to maintenance and to such sum
per day as may be prescribed by regulation, and any sums so
payable shall be due and recoverable in the same manner as
pilotage dues.





(3) The sum so to be paid shall be computed from and
inclusive of the day on which the ship passes beyond the waters
of the Colony or the point up to which the pilot was engaged to
pilot her, and up to and inclusive of either the day of his being
returned in the said ship to the Colony or, if he is discharged
from the ship at a distance from the Colony such day as will
allow him sufficient time to return to the Colony, and in the last
mentioned case he shall be entitled to his reasonable travelling
expenses.

15. Every licensed pilot. when acting as such shall be
provided with his licence and shall, if requested, produce it to
any person by whom he is employed or to whom he offers his
services as pilot.

16. No person who is not a licensed pilot shall falsely
represent himself to be a licensed pilot, either by means of using
a licence which he is not entitled to use or by any other means.

17. If any person when piloting a ship, by wilful breach of
duty or by neglect of duty or by reason of drunkenness or
without lawful excuse-

(a) does any act tending to the immediate loss, destruction
or serious damage of the ship, or tending immediately to
endanger the life or limb of any person whatsoever; or

(b) refuses or omits to do any lawful act proper and
requisite to be done by him for preserving the ship from loss,
destruction or serious damage, or for preserving any person
whatsoever from danger to life and limb,

such person shall upon summary conviction be liable to a fine
not exceeding five hundred dollars and to imprisonment for any
term not exceeding one year.

18. No person shall, by wilful misrepresentation of circum-
stances upon which the safety of a ship may depend, obtain
or endeavour to obtain the charge of that ship.





19. No licensed pi&lot shall-

(a) lend his licence;

(b) act as a pilot whilst suspended;

(c) act as a pilot when in a state of intoxication

(d) refuse or wilfully delay when not prevented by illness or
other reasonable cause to pilot any ship within the waters of the
Colony upon the signal for a pilot being made by that ship or
upon being required to do so by the master, owner, agent or
consignee thereof or by the Harbour Master or any officer
acting under him ;

(e) unnecessarily cut or slip or cause to be cut or slipped
any cable belonging to any ship;

(f) refuse otherwise than on reasonable ground of danger
to the ship, when requested by the master, to conduct the ship
which he is piloting into any port or place within the waters of
the Colony; or

(g) quit the ship which he is piloting before the service for
which he was engaged has been performed and without the
consent of the master of the ship.

20.-(1) The following persons shall be liable to pay
pilotage dues for any ship for which the services of a licensed
pilot are obtained, namely-

(a) the master, owners and charterers

(b) as to pilotage inwards, such consignees or agents as
have paid or made themselves liable to pay any other charge
on account of the ship in the port of her arrival or discharge ;

(c) as to pilotage outwards, such consignees or agents as
have paid or made themselves liable to pay any other charge
on account of the ship in the port of her departure.

(2) Any such dues may be recovered before a magistrate
summarily as a civil debt.

(3) It shall be lawful for the Harbour Master at any time
whatsoever to withhold the port clearance from any ship as to
which a claim for pilotage dues may be made till such dues are
paid or security is given for the same.





(4) Any consignee or agent (not being the owner or master
of the ship) who is hereby made liable for the payment of
pilotage dues in respect of any ship may out of any moneys
received by him on account of that ship or belonging to the
owner thereof retain the amount of all dues paid by him
together with any reasonable expenses he may have incurred
by reason of the payment of the dues or his liability to pay
the dues.

21. A licensed pilot shall not demand or receive, and a
master shall not offer or pay to any licensed pilot, dues in
respect of pilotage services at any other rates whether greater
or less than the rates which may be demanded by law.

22. If any boat or ship having on board a licensed pilot
leads any ship which has not a licensed pilot on board when the
last mentioned ship cannot from particular circumstances be
boarded, the pilot so leading the last mentioned ship shall be
entitled to the full pilotage rate as if he had actually been on
board and had charge of that ship.

23. Claims brought against the master, owners, charterers
or agents of any ship carrying a pilot for damage done by the
ship to any beacon, buoy, harbour mark, mooring or other
Government property may without prejudice to any other mode
of recovery be recovered before a magistrate summarily as a
civil debt. Such claims shall be made by the Harbour Master
by way of complaint in writing setting out the damage and the
claim in respect thereof.

24. Nothing in this Ordinance shall be held to excuse or
indemnify any licensed pilot for any damage arising from his
neglect or incapacity in performing the duties of his office.

25. In summary proceedings under this Ordinance a
magistrate may, if he thinks fit, call upon the Harbour Master
or Deputy Harbour Master or Assistant Harbour Master to sit
with him as an assessor.

26. This Ordinance shall apply to all ships, British and
foreign, except ships of war and ships belonging to any

department of His Majesty's Government or to the Colonial
Government or to any foreign state.

27. Every person who contravenes any of the provisions of
this Ordinance or of any regulation made thereunder for which
no penalty is specially provided shall be guilty of an offence
against this Ordinance and shall upon summary conviction be
liable to a fine not exceeding five hundred dollars.

28. Nothing in this Ordinance shall be deemed to make the
employment of any pilot within the waters of the Colon com-
pulsory.
[Originally No. 11 of 1930. No. 46 of 1936. Law Rev. Ord., 1939.] Short title. Interpretation. Licensing of pilots. 2 & 3 Geo. 5, c. 31, s. 16. Ordinance No. 3 of 1904. Regulations. Examination of applicant for licence or renewal. Examination of pilots for sight and physical fitness. Licensing of pilots by Harbour Master no to involve any liability. 2 & 3 Geo. 5, c. 31, s. 19. Form of pilot's licence and production and return of pilot's licence to Harbour Master. 2 & 3 Geo. 5, c. 31, s. 20. Revocation and suspension of licences. 2 & 3 Geo. 5, c. 31, s. 26. Appeal. Prohibition of unlicensed pilots. Person deemed to be piloting ship. 2 & 3 Geo. 5, c. 31, s. 30 (5). Copies of pilotage provisions to be furnished to pilot. 2 & 3 Geo. 5, c. 31, s. 33. Overcarriage of pilots. 2 & 3 Geo. 5, c. 31, s. 34. Obligation on licensed pilot to produce his licence to employer. 2 & 3 Geo. 5, c. 31, s. 36. Fraudulent personation of licensed pilot. 2 & 3 Geo. 5, c. 31, s. 37. Penalty on pilot endangering ship, life or limb. 2 & 3 Geo. 5, c. 31, s. 46. Penalty on persons obtaining charge of a ship by mis-representation. 2 & 3 Geo. 5, c. 31, s. 47. Offences by pilots. 2 & 3 Geo. 5, c. 31, s. 48. Recovery pilotage dues. 2 & 3 Geo. 5, c. 31, s. 49. Receiving or offering improper rates of pilotage. 2 & 3 Geo. 5, c. 31, s. 50. Pilotage rate for leading ships. 2 & 3 Geo. 5 c. 31, s. 51. Claims for damage to Government property. Pilot not excused for damage arising from negligence or incapacity. Assessor. Application of Ordinance. 2 & 3 Geo. 5, c. 31, s. 61. General penalty. Pilotage not compulsory.

[Originally No. 11 of 1930. No. 46 of 1936. Law Rev. Ord., 1939.] Short title. Interpretation. Licensing of pilots. 2 & 3 Geo. 5, c. 31, s. 16. Ordinance No. 3 of 1904. Regulations. Examination of applicant for licence or renewal. Examination of pilots for sight and physical fitness. Licensing of pilots by Harbour Master no to involve any liability. 2 & 3 Geo. 5, c. 31, s. 19. Form of pilot's licence and production and return of pilot's licence to Harbour Master. 2 & 3 Geo. 5, c. 31, s. 20. Revocation and suspension of licences. 2 & 3 Geo. 5, c. 31, s. 26. Appeal. Prohibition of unlicensed pilots. Person deemed to be piloting ship. 2 & 3 Geo. 5, c. 31, s. 30 (5). Copies of pilotage provisions to be furnished to pilot. 2 & 3 Geo. 5, c. 31, s. 33. Overcarriage of pilots. 2 & 3 Geo. 5, c. 31, s. 34. Obligation on licensed pilot to produce his licence to employer. 2 & 3 Geo. 5, c. 31, s. 36. Fraudulent personation of licensed pilot. 2 & 3 Geo. 5, c. 31, s. 37. Penalty on pilot endangering ship, life or limb. 2 & 3 Geo. 5, c. 31, s. 46. Penalty on persons obtaining charge of a ship by mis-representation. 2 & 3 Geo. 5, c. 31, s. 47. Offences by pilots. 2 & 3 Geo. 5, c. 31, s. 48. Recovery pilotage dues. 2 & 3 Geo. 5, c. 31, s. 49. Receiving or offering improper rates of pilotage. 2 & 3 Geo. 5, c. 31, s. 50. Pilotage rate for leading ships. 2 & 3 Geo. 5 c. 31, s. 51. Claims for damage to Government property. Pilot not excused for damage arising from negligence or incapacity. Assessor. Application of Ordinance. 2 & 3 Geo. 5, c. 31, s. 61. General penalty. Pilotage not compulsory.

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